Monday,

February 9, 2009

Part IV

The President
Executive Order 13498—Amendments to
Executive Order 13199 and Establishment
of the President’s Advisory Council for
Faith-Based and Neighborhood
Partnerships
Memorandum of February 5, 2009—
Appliance Efficiency Standards
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 6533

Federal Register Presidential Documents

Vol. 74, No. 25

Monday, February 9, 2009

Title3— Executive Order 13498 of February 5, 2009

The President Amendments to Executive Order 13199 and Establishment of

the President’s Advisory Council for Faith-Based and Neigh-
borhood Partnerships

By the authority vested in me as President by the Constitution and the

laws of the United States of America, and in order to strengthen the ability
of faith-based and other neighborhood organizations to deliver services effec-
tively in partnership with Federal, State, and local governments and with
other private organizations, while preserving our fundamental constitutional
commitments, it is hereby ordered:
Section 1. Amendments to Executive Order. Executive Order 13199 of January
29, 2001 (Establishment of White House Office of Faith-Based and Commu-
nity Initiatives), is hereby amended:
(a) by striking section 1, and inserting in lieu thereof the following:
‘‘Section 1. Policy. Faith-based and other neighborhood organizations
are vital to our Nation’s ability to address the needs of low-income and
other underserved persons and communities. The American people are
key drivers of fundamental change in our country, and few institutions
are closer to the people than our faith-based and other neighborhood
organizations. It is critical that the Federal Government strengthen the
ability of such organizations and other nonprofit providers in our neighbor-
hoods to deliver services effectively in partnership with Federal, State,
and local governments and with other private organizations, while pre-
serving our fundamental constitutional commitments guaranteeing the
equal protection of the laws and the free exercise of religion and forbidding
the establishment of religion. The Federal Government can preserve these
fundamental commitments while empowering faith-based and neighbor-
hood organizations to deliver vital services in our communities, from
providing mentors and tutors to school children to giving ex-offenders
a second chance at work and a responsible life to ensuring that families
are fed. The Federal Government must also ensure that any organization
receiving taxpayers’ dollars must be held accountable for its performance.
Through rigorous evaluation, and by offering technical assistance, the
Federal Government must ensure that organizations receiving Federal funds
achieve measurable results in furtherance of valid public purposes.’’
(b) by substituting ‘‘White House Office of Faith-Based and Neighborhood
Partnerships’’ for ‘‘White House Office of Faith-Based and Community Initia-
tives’’ each time it appears in the order; and by substituting ‘‘Office’’ for
‘‘White House OFBCI’’ each time it appears in the order.
(c) in section 3, by inserting after subsection (b) the following new sub-
sections:
‘‘(c) to ensure that services paid for with Federal Government funds are
provided in a manner consistent with fundamental constitutional commit-
ments guaranteeing the equal protection of the laws and the free exercise
of religion and prohibiting laws respecting an establishment of religion;
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(d) to promote effective training for persons providing federally funded

social services in faith-based and neighborhood organizations;
(e) to promote the better use of program evaluation and research, in
order to ensure that organizations deliver services as specified in grant

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 6534 Federal Register / Vol. 74, No. 25 / Monday, February 9, 2009 / Presidential Documents

agreements, contracts, memoranda of understanding, and other arrange-

ments;’’,
and renumbering the subsequent subsections of section 3 accordingly.
(d) in section 4, by striking the first sentence of subsection (b), and
inserting in lieu thereof the following: ≥The Office shall have a staff to
be headed by the Special Assistant to the President and Executive Director
of the White House Office of Faith-Based and Neighborhood Partnerships
(Executive Director).≥
Sec. 2. President’s Advisory Council on Faith-Based and Neighborhood Part-
nerships. (a) Establishment. There is established within the Executive Office
of the President the President’s Advisory Council on Faith-Based and Neigh-
borhood Partnerships (Council).
(b) Mission. The Council shall bring together leaders and experts in fields
related to the work of faith-based and neighborhood organizations in order
to: identify best practices and successful modes of delivering social services;
evaluate the need for improvements in the implementation and coordination
of public policies relating to faith-based and other neighborhood organiza-
tions; and make recommendations to the President, through the Executive
Director, for changes in policies, programs, and practices that affect the
delivery of services by such organizations and the needs of low-income
and other underserved persons in communities at home and around the
world.
(c) Membership. (1) The Council shall be composed of not more than
25 members appointed by the President from among individuals who are
not officers or employees of the Federal Government. The members shall
be persons with experience and expertise in fields related to the provision
of social services by faith-based and other neighborhood organizations.
(2) Members of the Council shall serve for terms of 1 year, and may
continue to serve after the expiration of their terms until the President
appoints a successor. Members shall be eligible for reappointment and
serve at the pleasure of the President during their terms.
(3) The President shall designate a member of the Council to serve
as Chair for a term of 1 year at the pleasure of the President. The Chair
may continue to serve after the expiration of the Chair’s term and shall
be eligible for redesignation by the President.
(4) The Executive Director of the White House Office of Faith-Based
and Neighborhood Partnerships shall also serve as Executive Director of
the Council.
(5) The Council shall have a staff headed by the Executive Director.
(d) Administration. (1) Upon the request of the Chair, with the approval
of the Executive Director, the heads of executive departments and agencies
shall, to the extent permitted by law, provide the Council with information
it needs for purposes of carrying out its mission.
(2) With the approval of the Executive Director, the Council may request
and collect information, hold hearings, establish subcommittees, and estab-
lish task forces consisting of members of the Council or other individuals
who are not officers or employees of the Federal Government, as necessary
to carry out its mission.
(3) With the approval of the Executive Director, the Council may conduct
analyses and develop reports or other materials as necessary to perform
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its mission.
(4) Members of the Council shall serve without compensation, but shall
be allowed travel expenses, including per diem in lieu of subsistence,
as authorized by law for persons serving intermittently in Government
service (5 U.S.C. 5701B5707) to the extent funds are available.

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 Federal Register / Vol. 74, No. 25 / Monday, February 9, 2009 / Presidential Documents 6535

(5) To the extent permitted by law, and subject to the availability of

appropriations, the Department of Health and Human Services shall pro-
vide the Council with administrative support and with such funds as
may be necessary for the performance of the Council’s functions.
(e) General Provisions. (1) Insofar as the Federal Advisory Committee
Act, as amended (5 U.S.C. App.) (Act), may apply to the Council, any
functions of the President under that Act, except for those in section 6
of the Act, shall be performed by the Secretary of Health and Human
Services in accordance with guidelines issued by the Administrator of Gen-
eral Services.
(2) The Council shall terminate 2 years from the date of this order
unless extended by the President.
Sec. 3. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(1) authority granted by law to a department, agency, or the head thereof;
or
(2) functions of the Director of the Office of Management and Budget
relating to budget, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) In order to ensure that Federal programs and practices involving grants
or contracts to faith-based organizations are consistent with law, the Execu-
tive Director, acting through the Counsel to the President, may seek the
opinion of the Attorney General on any constitutional and statutory questions
involving existing or prospective programs and practices.
(d) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by any
party against the United States, its departments, agencies, or entities, its
officers, employees, or agents, or any other person.

THE WHITE HOUSE,

February 5, 2009.

[FR Doc. E9–2893 Filed 2–6–09; 12:00 pm]

Filed 2–6–09; 12:00 pm]
BILLING CODE 3195–W9–P
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